Atlas v. Smily

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered May 1, 2013, which denied plaintiff’s motion for an order permitting him to sell the marital residence pursuant to the terms of the parties’ stipulation of settlement, and granting him a money judgment, unanimously reversed, on the law, without costs, to the extent of awarding plaintiff a judgment in the amount of $1,943, and remanding the matter for a hearing on the issue of the parties’ youngest child’s emancipation.

Plaintiff alleges that he is entitled to a money judgment for mortgage payments he made on the marital…